High Court of Punjab and Haryana, Chandigarh
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Krishan Lal Shroff v. Sakuntala Devi - CRM-57293-M-2005  RD-P&H 7008 (12 September 2006)
Crl. Misc. No. 57293-M of 2005
DATE OF DECISION : 08.09.2006
Krishan Lal Shroff
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Manish Jain, Advocate,
for the petitioner.
Mr. R.S. Bains, Advocate,
for the respondent.
* * *
The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 2.9.2005, passed by Sub Divisional Judicial Magistrate, Guhla, District Kaithal, in complaint case titled Smt. Sakuntala Devi versus Krishan Lal, under Section 138 of the Negotiable Instruments Act.
After arguing for some time, counsel for the petitioner states that keeping in view the disputed facts, the petitioner may be permitted to withdraw this petition with liberty to raise all the points raised in this petition at the appropriate stage of trial. Counsel for the petitioner also prays that keeping in view the age of the petitioner and the nature of offence, personal appearance of the petitioner before the trial court be exempted.
Dismissed as withdrawn with the aforesaid liberty. Regarding exemption from personal appearance, if the petitioner moves an application, the same shall be considered by the trial court in view of the law laid down by the Supreme Court in M/s. Bhaskar Industries Ltd. v. M/s. Bhiwani Denim & Apparels Ltd., 2001 (4) RCR (Criminal) 137. The trial court is also directed to expedite the trial.
September 08, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE
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